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1995 Supreme(SC) 1266

B.N.KIRPAL, FAIZAN UDDIN, K.RAMASWAMY
Viroj Kunwar – Appellant
Versus
Additional District Judge – Respondent


Advocates:
A.B.ROHTAGI, Ashok K.Srivastava, P.R.RAMASESHESH.S.PARIHARHAR, S.S.JAVALI

( 1 ) THE first appellant is the wife of Nirmal Kumar Jain, the third respondent. She has a minor son Sanjeev Kumar and daughter Snehlata. Respondent No. 3 as a tenure-holder submitted his return under Section 10 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 as amended by U. P. Act 18, 1973 (for short, "the Act" ). He was declared surplus-holder of the agricultural land. He surrendered the land of an extent of 30 bighas 13 biswas and 3 biswansis as irrigated land (45 bighas 19 biswas 15 biswansis unirrigated land ). The first appellant claimed that due to family disputes in the wed-lock she and her aforesaid minor children were living separately. The third respondent had given 16 bighas, 10 biswas and 19 biswansis of unirrigated land to the first appellant, 12 bighas, 17 biswas and 17 biswansis to his minor daughter and 16 bighas, 10 biswas and 19 biswanis to his minor son. This unirrigated land was in their possession and enjoyment being cultivated through their farm servant. When the notified officer had come to the land to take possession, she became aware of the fact that the third respondent had surrendered the land and on her enquiry it came to light that unde














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